APPEAL OF COMMITTEE OF ADJUSTMENT DECISIONS
3 FAILSWORTH AVENUE/ 30 KENORA CRSENT, Ward 27, York Humber
50 AVON AVENUE, Ward 27, York Humber
131 KITCHENER AVENUE, Ward 28, York Eglinton
Director, Community Planning, West District
(January 25, 2000)
Purpose:
To provide information on three decisions by Committee of Adjustment which have been appealed to the Ontario
Municipal Board.
Financial Implications and Impact Statement:
There will be no financial costs associated with the appeals.
Recommendations:
It is recommended that City Legal staff and Planning staff representation not be provided for the appeals regarding
applications: B-60/99YK, A-75/99YK, and A-76/99YK for 3 Failsworth Avenue; A-123/99YK for 50 Avon Avenue; and,
A-145/99YK for 131 Kitchener Avenue.
Comments:
The applications and appeals are summarized as follows:
(1) Address: 3 Failsworth Avenue and 30 Kenora Crescent (Ward 27 York-Humber)
Applicant: Mohamed Ansari Chan
Hearing Date: To be determined by O.M.B.
Applications: B-60/99YK, A-75/99YK, and A-76/99YK. The applicant proposes a severance of a corner lot with an
existing detached dwelling to create an additional lot for constructing a new two storey detached dwelling. (See
Attachment 1 and 1a)
Appellant: Mr. M. Chan (applicant)
Consent is requested to sever an irregular shaped corner lot into two detached dwelling lots. The requested variances for
the proposed retained lot with the existing detached dwelling (application A75/99YK) include a reduced front yard setback
and a reduced rear yard setback. The requested variances for the proposed detached dwelling lot (application A76/99YK)
include a reduced front yard setback, a reduced rear yard setback, a reduced amount of front yard green landscape open
space, and a garage constructed closer to the front lot line than the wall of the residential portion of the dwelling.
It is noted that in August 1994, the Committee granted consent to sever lands into two lots (application number
CA-94-141) and minor variances to permit development of the lands with a pair of semi-detached dwellings. These
applications involved fronting a proposed pair of semi-detached dwellings on Failsworth Avenue and demolishing the
existing detached rear yard garage. The dwelling units proposed with these applications would have met all setback
requirements and would have had rear yard depths of greater than 10 metres (32.8 feet). Planning staff supported these
applications as representing an appropriate form of development and lot configuration that is in keeping with the character
of development in the area. It is noted that consent approval relating to this previous development has lapsed and that
re-approval of consent would be required.
The Committee first considered the current applications on July 20, 1999 for a similar proposal but with different variances
that resulted from a different site plan for the proposed severed lot and new detached dwelling. At that time, staff
recommended to the Committee that the applications be refused, or alternatively deferred with the consent of the owner, to
allow for the submission of revised plans showing a proposal for a pair of semi-detached houses or two detached houses
oriented to Failsworth Avenue. The Committee deferred the applications at the request of the agent for the applicant.
The Committee of Adjustment on December 14, 1999 considered a revised proposal, which continued to provide for the
creation of a new lot with the new detached dwelling, located closer to Kenora Crescent. Planning staff advised Committee
of concerns with the revised proposal that were related to the reduced front yard setback creating a dominating impact of
the dwelling on the street, the proposed lot configuration not reflecting the existing lot configuration character of the block,
and the overlook condition that would be created onto the properties to the north-west.
Staff advised the Committee of its opinion that the application should be refused given the concerns expressed and that a
more appropriate alternate form of intensification was possible by way of a proposal in keeping with the 1994 approved
proposal.
Notwithstanding these comments to the Committee planning staff did not recommend refusal of the revised proposal. In
reviewing the matter, given the unique physical character of the lot, and the context of the area, the issues and variances are
not so substantive as to undermine the regulations of the Zoning By-law as they would apply to more typical intensification
development proposals on regular shaped lots. Therefore City legal and planning staff representation at the Ontario
Municipal Board is not recommended.
2) Address: 50 Avon Avenue (Ward 27 York-Humber)
Applicant: Alexander Gallagher
Hearing date: To be determined by the O.M.B.
Application: A-123/99YK The applicant is proposing construction of a detached two-car garage with public lane access,
relocation of an existing front yard parking space and construction of a one storey side addition to the existing detached
dwelling. (See Attachments 2 and 2a)
Appellant: Mr. A. Gallagher (applicant)
The applicant is requesting variances to the permitted gross floor area of a detached garage and the zoning provision that
no front yard parking be permitted on a lot which has or can provide the required parking space.
Planning staff reported no objections to the requested variances. However in light of the potential that the existing detached
garage could remain subsequent to the construction of the new garage staff recommended to the Committee that a
condition of approval be imposed to require the existing detached garage to be demolished prior to the final building
inspection for the new garage.
The Committee of Adjustment approved the application subject to the preceding condition and other conditions including
removal of the northerly front yard parking pad and restoration of the area with landscaping and compliance with Works
and Emergency Services Department requirements relating to determining possible gas migration from the adjacent
City-owned former Porter Landfill Site, and, protecting rear yard buildings and enclosures from the hazard of gas
migration, if applicable.
The applicant appealed the decision on the basis of his objection to the conditions of approval that were requested by the
Works and Emergency Services Department. The Works and Emergency Services Department and the applicant are
currently discussing the appealed conditions with a view to resolving issues and avoiding the need for an O.M.B. hearing.
Legal staff and Planning staff representation at the Ontario Municipal Board is not recommended.
3) Address: 131 Kitchener Avenue (Ward 28 York-Eglinton)
Applicant: Rodney & Connie Melo
Hearing Date: To be determined by the O.M.B.
Application: A-145/99YK The applicant is proposing to erect a second storey addition over the existing one-storey single
detached dwelling. A rear two-storey addition with an open deck is also proposed. (See Attachments 3 and 3a)
Appellant: Mr. Luis Santo (129 Kitchener Avenue)
In order to comply with the zoning provisions of By-law 1-83, two variances were sought from the Committee of
Adjustment. The first variance sought was with respect to the required side yard setback of 1.2m. The existing dwelling
had a 0.25m side yard setback, over which the second storey is proposed to be constructed.
The second variance relates to the maximum permitted floor space index of 0.8 times the lot area. The altered dwelling
once complete will have a floor space index of 0.83 times the lot area, or an excess of 5.76m2 of building gross floor area.
The Committee of Adjustment on December 14, 1999 granted the requested variances. The application has been appealed
by the neighbour residing at 129 Kitchener Avenue.
Planning staff had no objection regarding the requested variances, and therefore did not submit comments. City Legal staff
and Planning staff representation at the Ontario Municipal Board is not recommended.
Conclusions:
The subject appeals were reviewed by Planning staff. City Legal staff and Planning staff representation at the Ontario
Municipal Board is not recommended for these appeals. However, it is recommended that comments of Planning staff
dated December 7, 1999 relating to applications B-60/99YK, A-75/99YK, and A-76/99YK for 3 Failsworth Avenue and 30
Kenora Crescent be forwarded to the Board for its consideration.
Contact:
Philip Carvalhinho Tel: (416) 394-2618
Assistant Planner, Community Planning Fax: (416) 394-2782
West District e-mail: pcarval@city.toronto.on.ca
Gary Wright
Director of Community Planning, West District
Attachment 1: Location Map-3Failsworth/30 Kenora Crescent
Attachment 1a Site Plan-3Failsworth/30 Kenora Crescent
Attachment 2: Location Map-50 Avon Avenue
Attachment 2a Site Plan-50 Avon Avenue
Attachment 3: Location Map-131 Kitchener Avenue
Attachment 3a Site Plan-131 Kitchener Avenue
